No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants against impairment.
Appears in 23 contracts
Samples: Warrant And (Fomo Corp.), HDS International Corp., Fomo Corp.
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders of the Warrants Holder against impairment.
Appears in 13 contracts
Samples: Cargo Connection Logistics Holding, Inc., Championlyte Holdings Inc, Advantage Capital Development Corp
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 7 contracts
Samples: Ethos Environmental, Inc., Tombstone Exploration Corp, Tombstone Exploration Corp
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Paragraph 5 and in the taking of all such action as may be maybe necessary or appropriate in order to protect the rights of the Holders of the Warrants Investor against impairment.
Appears in 7 contracts
Samples: Exchange Agreement (PVF Capital Corp), Exchange Agreement (First Mariner Bancorp), Exchange Agreement (First Mariner Bancorp)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Incorporation, as the same may be amended from time to time, or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities assets or any other another voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company of this Note, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Holder of the Warrants this Note against impairment.
Appears in 7 contracts
Samples: La Rosa Holdings Corp., La Rosa Holdings Corp., La Rosa Holdings Corp.
No Impairment. The Company will not, by amendment of its Amended and Restated Articles articles of Incorporation incorporation or through any reorganization, recapitalization transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Option and in the taking of all such action actions as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 5 contracts
Samples: Non Qualified Stock Option (Telenetics Corp), Non Qualified Stock Option (Telenetics Corp), Non Qualified Stock Option (Telenetics Corp)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 4 contracts
Samples: Warrant Purchase Agreement (Ribogene Inc / Ca/), Ribogene Inc / Ca/, Ribogene Inc / Ca/
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 4 contracts
Samples: Argos Therapeutics Inc, Epix Medical Inc, Epix Medical Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 6 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Holder of the Warrants this Warrant against impairment.
Appears in 3 contracts
Samples: Stereotaxis, Inc., Stereotaxis, Inc., Stereotaxis, Inc.
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company this Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 27.5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Class A Convertible Securities Holders of the Warrants against impairment.
Appears in 3 contracts
Samples: Share Exchange Agreement, Securities Exchange Agreement, Share Exchange Agreement (Mystic Holdings Inc./Nv)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 3 contracts
Samples: Paradigm Genetics Inc, Paradigm Genetics Inc, Paradigm Genetics Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders of the Warrants against impairmentHolder.
Appears in 3 contracts
Samples: Loan Agreement (Alanco Technologies Inc), Loan and Security Agreement (Alanco Technologies Inc), Loan and Security Agreement (Alanco Technologies Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 6 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders of the Warrants against impairmentHolder.
Appears in 3 contracts
Samples: Alanco Technologies Inc, Alanco Technologies Inc, Alanco Technologies Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 6 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Warrantholders against impairment.
Appears in 3 contracts
Samples: National Media Corp, National Media Corp, National Media Corp
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities securities, or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 3 contracts
Samples: Astrata Group Inc, Astrata Group Inc, Astrata Group Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles certificate of Incorporation incorporation or Bylaws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise and conversion rights of the Holders of the Warrants Holder against impairment.
Appears in 3 contracts
Samples: Clarus Therapeutics Inc, Clarus Therapeutics Inc, Clarus Therapeutics Inc
No Impairment. The Company will not, by amendment of its Amended ------------- and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or --------- appropriate in order to protect the rights of the Holders of the Warrants against impairment.
Appears in 2 contracts
Samples: Notify Technology Corp, Notify Technology Corp
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect against dilution or impairment of the rights set forth in Section 5 of the Holders holder of the Warrants against impairmentthis Debenture.
Appears in 2 contracts
Samples: Intelligent Living Corp, Elgrande Com Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants Holder against impairment.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ward North America Holding Inc), Note and Loan Agreement (Anchor Pacific Underwriters Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, share exchange, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article III and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 2 contracts
Samples: Smith R Lee, Cahoon Arthur L
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Investor, as the holder of the Warrants this Warrant, against impairment.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement
No Impairment. The Company will not, by amendment of its ------------- Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article IV and in ---------- the taking of all such action as actions that may be necessary or appropriate in order to protect the exercise rights of the Holders of the Warrants against impairmentHolder.
Appears in 2 contracts
Samples: Zoltek Companies Inc, Zoltek Companies Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Sections 2, 3 and 4 hereof and in the taking of all such action as may be necessary or appropriate in order to protect the exercise and conversion rights of the Holders holders of the Warrants this Warrant against impairment.
Appears in 2 contracts
Samples: SCF Iv Lp, Input Output Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders holders of the Warrants Preferred Stock against impairment.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lightspan Partnership Inc), Stock Purchase Agreement (Lightspan Partnership Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or by-laws or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 2 contracts
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants Payee against impairment.
Appears in 2 contracts
Samples: Convertible Note (Atx Group Inc), Convertible Note (Atx Group Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 6 and in the taking of all such action actions as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants against impairment.
Appears in 2 contracts
Samples: Preferred Stock Exchange Agreement (Dolphin Digital Media Inc), Agreement and Plan of Merger (Dolphin Digital Media Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Cardima Inc), Cardima Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times time in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants Payee against impairment.
Appears in 2 contracts
Samples: Convertible Note (Atx Group Inc), Convertible Note (Atx Group Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Warrant and in the taking of all such action as actions that may be necessary or appropriate in order to protect the exercise rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 2 contracts
Samples: Bakers Footwear Group Inc, Bakers Footwear Group Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Companyany but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders holders of the Warrants Preferred Stock against impairment.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lightspan Partnership Inc), Stock Purchase Agreement (Lightspan Partnership Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Memorandum or Articles of Incorporation Association or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities securities, or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Clause 18 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders holders of the Warrants Preference Shares against impairment.
Appears in 2 contracts
Samples: Shareholders’ Agreement (Noah Education Holdings Ltd.), Shareholders’ Agreement (Noah Education Holdings Ltd.)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or Bylaws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company of this Warrant, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Registered Holder against impairment.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Arcadia Biosciences, Inc.), Common Stock Purchase Warrant (Arcadia Biosciences, Inc.)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders of the Warrants Holder against impairment.
Appears in 2 contracts
Samples: Global It Holdings Inc, Global It Holdings Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Association or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article 16 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Series A Conversion Rights and Series B Conversion Rights against impairment.
Appears in 2 contracts
Samples: Shareholders Agreement (Home Inns & Hotels Management Inc.), Shareholders Agreement (Home Inns & Hotels Management Inc.)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 6 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder hereunder against impairment.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc), Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 2 contracts
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 2 contracts
Samples: Tombstone Exploration Corp, Friendly Energy Exploration
No Impairment. The This Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of or assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company this Company, but it will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders of the Warrants against impairment.
Appears in 2 contracts
Samples: Warrant Agreement (Destron Fearing Corp /De/), Warrant Agreement (Destron Fearing Corp /De/)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 6 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants against impairment.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bazi International, Inc.)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Certificate or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise rights of the Holders holders of the Warrants set forth herein against impairment.
Appears in 1 contract
Samples: Netter Digital Entertainment Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Paragraph 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Icagen Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Association or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants Notes against impairmentimpairment to the extent required hereunder.
Appears in 1 contract
Samples: Note Purchase Agreement (Flextronics International LTD)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5.4.3 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders holder of the Warrants this Note against impairment.
Appears in 1 contract
Samples: Us Dry Cleaning Corp
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against material impairment.
Appears in 1 contract
Samples: Tanox Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Holder, as the holder of the Warrants this Warrant, against impairment.
Appears in 1 contract
Samples: Traqiq, Inc.
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Paragraph 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Investor, as the holder of the Warrants this Warrant, against impairment.
Appears in 1 contract
Samples: PivX Solutions, Inc.
No Impairment. The Company will not, by amendment of its Amended and Restated ------------- Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 10 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants Subordinated Convertible Promissory Note against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Exercise Rights of the Holders of the Warrants Warrant Holder against impairment.
Appears in 1 contract
Samples: Bam Entertainment Inc
No Impairment. The Company will shall not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith faith, assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders Holder of the Warrants this Promissory Notes against impairment.
Appears in 1 contract
Samples: Financial Intranet Inc/Ny
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Incorporation, as amended, or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but it will at all times in good faith assist in the carrying out of all of the provisions of this Section 4 Warrant and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Peters Bradford G
No Impairment. The Company will not, by amendment of its Amended and Restated Articles certificate of Incorporation incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 hereof and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants against impairment.
Appears in 1 contract
Samples: Warrant Agreement (Sunterra Corp)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of Grebene as the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Analogy Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or Bylaws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the exercise and conversion rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Clarus Therapeutics Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants Series A Preferred Stock against impairment.
Appears in 1 contract
No Impairment. The Company will shall not, by amendment of its Amended and Restated Articles articles of Incorporation incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will shall at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article IV and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 7 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Trimark Holdings Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Vocera Communications, Inc.
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Operating Agreement or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company under this Section 5.8, but will at all times in good faith assist in the carrying out of all the provisions of Section 5.7 and this Section 4 5.8 and in the taking of all such any action as may be necessary or appropriate in order to protect the conversion rights of the Preferred Holders of the Warrants against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders holders of the Warrants Preferred Stock against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Epix Medical Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of ------------- Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action actions as may be necessary or appropriate in order to protect against impairment of the rights of the Holders holder of the Warrants against impairmentthis Warrant.
Appears in 1 contract
Samples: Medi Ject Corp /Mn/
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders holders of the Warrants Notes against impairment.impairment to the extent
Appears in 1 contract
Samples: Gartner Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Danger Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of or assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of Xxxxxx as the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Analogy Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking thetaking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Global It Holdings Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Second Amended and Restated Note (Plan B) and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants set forth herein against impairment.
Appears in 1 contract
Samples: Loan and Security Agreement (InterMetro Communications, Inc.)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Association or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of Section 2(b) and this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the net share settlement rights of the Holders of the Warrants Notes against impairmentimpairment to the extent required hereunder.
Appears in 1 contract
Samples: Note Purchase Agreement (Flextronics International Ltd.)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company under this Section 1, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 1 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders holder of the Warrants this Note against impairment.
Appears in 1 contract
Samples: First Community Bancshares Inc /In
No Impairment. The Company will not, by further amendment of its Amended and Restated Articles of Incorporation constating documents or through any reorganization, recapitalization, transfer of assets, consolidation, merger, amalgamation, plan of arrangement, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action actions as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders of the Warrants Cephalon against impairment.
Appears in 1 contract
Samples: Cephalon Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities securities, or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company's obligations hereunder, but will at all times in good faith assist in the carrying out effectuation of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect preserve the Holder's rights of the Holders of the Warrants against impairmenthereunder.
Appears in 1 contract
Samples: Avp Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Paragraph 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Cardima Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of Section 7 and this Section 4 and 6 in the taking of all such action actions as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants against impairment.
Appears in 1 contract
Samples: Registration Rights Agreement (Community Financial Shares Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders holders of the Warrants Notes against impairment.
Appears in 1 contract
Samples: Commonwealth Biotechnologies Inc
No Impairment. The Company will shall not, by amendment of its Amended and Restated the Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will shall at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article IV and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Gric Communications Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- memorandum of Incorporation association or bye-laws or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Mutual Risk Management LTD
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of or assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Paragraph 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of Hu as the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Analogy Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 3 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Management Network Group Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles ------------- Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder under this Section 4 by the Company Company, but will at all times in good faith assist in the carrying out all of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Notes against impairmentimpairment of the conversion rights provided for herein.
Appears in 1 contract
Samples: Whittaker Corp
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Organization or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: PCD Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying carrying-out of all the provisions of this Section 4 and in the taking of all such action actions as may be necessary or appropriate in order to protect against impairment of the rights of the Holders holder of the Warrants against impairmentthis Warrant.
Appears in 1 contract
No Impairment. The Company will shall not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith faith, assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders holders of the Warrants Note against impairment.
Appears in 1 contract
Samples: Securities Purchase Agreement (Environmental Remediation Holding Corp)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Association or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article 5.2.4. and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders holders of the Warrants Preferred Shares against impairment.
Appears in 1 contract
Samples: Saifun Semiconductors Ltd.
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Paragraph 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance performances of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out all of all the provisions of this Section 4 2.11 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders of the Warrants Lender against impairment.
Appears in 1 contract
Samples: Credit Agreement (Amerigon Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders holders of the Warrants Notes against impairment.
Appears in 1 contract
Samples: Transnational Financial Network Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights right of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Warrant Purchase Agreement (Oregon Baking Co Dba Marsee Baking)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary actionotherwise, avoid or seek to avoid the observance or performance of any of the terms to be observed of this Section 3 or performed hereunder by the Company but other provisions of this Note and will at all times in good faith assist in the carrying out of all the provisions of this Section 4 hereof and in the taking of all such action actions as may be necessary or appropriate in order to protect the conversion and other rights of the Holders of the Warrants Holder hereunder against impairment.
Appears in 1 contract
No Impairment. The Company will shall not, by amendment of its Amended and Restated the Articles ------------- of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will shall at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article IV and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Common Stock Subscription Agreement (Solopoint Inc)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or Bylaws or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Investor against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Organization or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Timeline Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles articles of Incorporation ------------- incorporation or through any reorganization, recapitalization transfer of assets, consolidation, merger, dissolution, issue issuance or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Option and in the taking of all such action actions as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Saunders & Parker Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the conversion rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/)
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Argos Therapeutics Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Association or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 Article 5 and in the taking of all such action as may be necessary or appropriate in order to protect the rights Conversion Rights of the Holders holders of the Warrants Preferred Shares against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles Certificate of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Article 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders holder of the Warrants this Warrant against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders of the Warrants Holder against impairment.
Appears in 1 contract
Samples: Meridian Usa Holdings Inc
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation Charter or through any reorganization, recapitalization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section Article 4 and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Holder of the Warrants this Warrant Agreement against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles certificate of Incorporation incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, liquidation, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 5.1 and in the taking of all such action as may ----------- be necessary or appropriate in order to protect the rights of the Holders of the Warrants against impairment.
Appears in 1 contract
No Impairment. The Company will not, by amendment of its Amended and Restated Articles of Incorporation or through any reorganization, recapitalization, reclassification, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company Company, but will at all times in good faith assist in the carrying out of all the provisions of this Section 4 such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the Holders Holder of the Warrants this Warrant against impairment.
Appears in 1 contract
Samples: Loan and Warrant Purchase Agreement (Best Software Inc)
